French  Spoliations,  prior  to  July  31,  1801. 


RESOLUTIONS  &  INSTRUCTIONS 

OF  THE 

LEGISTURES  OF  ELEVEN  STATES, 

TO  THEIR 


SENATOR  5  AND  REPRESENTATIVES  IN  CONGRESS 

TO  SUSTAIN,  AND  PROVIDE  BY  LAW  FOR  SATISFYING 

THE  CLAIMS  OF  AMERICAN  CITIZENS, 


WHICH  WIRE 


FOR  PUBLIC  USE,  BARTERED  AWAY  TO  FRANCE  BY  THE  UNITED  STATES, 

IN  THE  CONVENTION  OF  SEPT.  30,  1800 


[Taken  from  Congressional  Documents.] 


No.  1.  New  York  Legislature, 


2.  Ohio  ditto, 

3.  Louisiana  ditto, 

4.  Massachusetts  ditto, 

5.  Maine,  ditto, 

6.  Connecticut  ditto, 


No.  7.  Delaware  Legislature, 

8.  Rhode  Island  ditto, 

9.  Maryland  ditto, 

10.  Alabama  ditto, 

11.  Pennsylvania  ditto,  in  Convention. 

I 


0 


WASHINGTON: 

R.  A.  WATERS,  PRINTER. 

1854. 


2 


30th  Congress,  [SENATE.]  Miscellaneous. 

1st  Session.  No.  137. 

(No.  1.) 

RESOLUTIONS  OF  THE  LEGISLATURE  OF  NEW  YORK, 

In  relation  to  French  Spoliation  claims  prior  to  1800. 


Mat  8,  1848. — Ordered  to  be  printed. 


State  of  New  York,  in  Assembly,  February  11,  1848. 

Resolved,  (if  the  Senate  concur,)  That  it  is  the  bounden  duty  of  the  General  Govern¬ 
ment,  without  further  delay,  to  make  pro  .vision  for  the  payment  of  claims  of  American 
citizens  on  aoceunt  of  spoliation  committed  by  the  French  prior  to  the  30th  day  of  Sep¬ 
tember,  A.  D.  1800. 

Resolved,  (if  the  Senate  concur,)  That  the  Senators  and  Representatives  of  this  State 
in  Congress  be,  and  they  are  earnestly,  requested  to  use  their  best  exertions  to  promote 
the  passage  of  a  law  in.  Congress  to  carry  the  above  views  into  effect. 

Resolved,  (if  the  Senate  concur,)  That  the  president  of  the  Senate,  and  the  speaker  of 
the  Assembly,  be  requested  to  transmit  a  copy  of  the  foregoing  resolutions  to  each  of  our 
Senators  and  Representatives.  By  order : 

P.  B.  PRINDLE,  Clerk. 


State  o»  New  York,  in  Senate,  February  13,  1848. 
Resolved ,  That  the  Senate  do  concur  in  the  foregoing  resolutions. 

By  order  :  A.  H.  CALHOUN,  Clerk. 


Albany,  April  1,  1848. 

Sir:  We  have  the  honor  to  send  you  hereon  copies  of  resolutions  passed  by  the  Senate 
and  House  of  Assembly  of  this  State,  relative  to  the  French  spoliations. 

With  great  respect,  your  obedient  servants, 

HAMILTON  FISH, 

President  of  the  Senate. 

A.  K.  HADLEY, 

Speaker  oj  the  Assembly. 


29th  Congress,  SENATE.  r  175  7 

2  d  Session.  L  J 

(No.  2.) 

RESOLUTIONS  OF  THE  LEGISLATURE  OF  THE  STATE  OF 

OHIO, 

RELATIVE  TO  FRENCH  SPOLIATIONS. 

February  23,  1847. — Read,  and  ordered  to  be  printed. 


Resolved  by  the  General  Assembly  of  the  State  of  Ohio ,  That  by  the  treaty  between  the 
United  States  and  France  of  September  30,  1800,  the  United  States  was  released  from 


%  2  7, 7  3  /A  wW., 

FW  s 

the  onerous  stipulations  of  the  treaty  of  alliance  of  1778,  by  which  the  United  States 
guarantied  to  France  the  possession  of  all  its  West  India  islands;  in  consideration  of 
which  release,  France  was  discharged  from  its  just  obligations  and  liabilities  in  favor  of 
those  American  citizens  who,  prior  to  September  30,  1800,  had  suffered  by  illegal  cap¬ 
tures,  detentions,  and  spoliations  of  their  vessels  and  other  property,  by  France,  upon 
the  high  seas. 

Resolved ,  That  the  said  treaty  of  September  30,  1800,  appropriated  the  private  claims 
of  its  citizens  to  discharge  a  national  obligation,  and  that  it  is  therefore  the  duty  of  the 
United  States  to  provide  for  the  payment  of  those  citizens  whose  private  property  was 
thus  taken  for  the  use  of  the  nation ;  and  that,  in  the  continued  delay  of  the  United 
States,  for  the  last  forty-six  years,  to  indemnify  the  sufferers,  that  provision  of  the  Con¬ 
stitution  which  declares  that  private  property  shall  not  be  taken  for  public  use  without 
just  compensation  has  been  disregarded. 

Resolved,  That  the  governor,  be  requested  to  forward  a  copy  of  these  resolutions  to 
each  of  the  Representatives  and  Senators  of  this  State  in  the  Congress  of  the  United 
States. 

WILLIAM  P.  CUTLER, 

Speaker  of  the  House  of  Representatives 
EDSON  B.  OLDS. 

Speaker  of  the  Senate. 

February  5,  1847. 


30th  Congress, 

[SENATE.] 

Miscellaneous. 

1st  Session. 

No.  40. 

(No.  3.) 

* 

RESOLUTION  OF  THE  LEGISLATURE  OF  LOUISIANA, 


In  favor  of  the  indemnification  of  the  sufferers  by  French  Spoliations  prior  to  1800. 


February  2,  1848.— Read,  referred  to  the  Committee  on  Foreign  Relations,  and  ordered 

to  be  printed. 


Whereas,  by  the  convention  of  eighteen  hundred,  the  Government  of  the  LTnited  States 
relinquished  the  claims  of  citizens  of  the  United  States  upon  the  French  Government  for 
spoliations  committed  upon  the  property  of  said  citizens  previous  to  eighteen  hundred 
in  consideration  of  an  abandonment  by  France  of  her  claim  upon  the  United  States  for 
failure  to  comply  with  treaty  stipulations;  and  whereas,  by  the  abandonment  of  said 
claims  of  citizens  of  the  United  States,  for  national  benefits,  the  United  States 
became  bound  to  compensate  said  citizens,  as  private  property  cannot  be  taken  for  pub¬ 
lic  purposes  without  just  compensation: 

lie  it  therefore  resolved  by  the  Senate  and  House  of  Representatives  of  the  State  of  Louisiana 
in  General  Assembly  convened,  That  our  Senators  and  Representatives  in  Congress  be  re¬ 
quested  to  use  their  best  exertions  to  obtain  the  passage  of  a  law  making  an  appropria¬ 
tion  for  indemnifying  the  sutferers  by  French  spoliations  previous  to  eighteen  hundred- 
provided  the  said  sutferers  have  not  voluntarily  alienated  their  claims. 

PRESTON  W.  FARRAR, 

Speaker  of  the  House  of  Representatives. 

TRASIMON  LANDRY, 

Lieutenant  Governor  aud  President  of  the.  Senate. 

Approved  April  15,  1847. 

ISAAC  JOHNSON, 

Governor  of  the  State  of  Louisiana. 


4 


26th  Congress, 
2d  Session. 


[SENATE.] 


[218] 


(No.  4.) 

RESOLUTIONS  OF  THE  LEGISLATURE  OF  MASSACHU¬ 
SETTS, 

In  relation  to  the  claims  for  French  Spoliations  committed  prior  to  the  31sZ  day  of  July,  1801. 
February  24,  1841. — Laid  on  the  table,  and  ordered  to  be  printed. 


COMMONWEALTH  OF  MASSACHUSETTS. 


IN  THE  YEAR  ONE  THOUSAND  EIGHT  HUNDRED  AND  FORTY-ONE. 


Resolves  in  relation  to  the  claims  of  American  citizens  for  spoliations  committed  by  authority 
of  the  French  Government  upon  the  commerce  of  the  United  States,  prior  to  the  thirty-first 
day  of  July,  one  thousand  eight  hundred  and  one. 

Resolved,  by  the  Senate  and  House  of  Representatives  in  General  Court  Assembled,  That 
the  claims  of  American  citizens,  arising  from  spoliations  committed  on  the  commerce  of 
the  United  States  by  authority  of  the  Government  of  France,  previous  to  the  thirty-first 
day  of  July,  in  the  year  one  thousand  eight  hundred  and  one,  are  just  and  ought  to  be 
satisfied;  and  that  by  the  convention  of  eighteen  hundred,  ratified  in  eighteen  hundred 
and  one,  the  Government  of  the  United  States,  in  consideration  of  advantages  to  be  de¬ 
rived  from  said  treaty  to  the  people  of  the  United  States,  discharged  the  French  Govern¬ 
ment  from  all  obligation  to  make  indemnity  for  said  spoliations. 

Resolved,  That  good  policy,  the  principles  of  justice,  and  also  the  express  provisions 
of  the  Constitution,  require,  that  whenever  the  property  of  a  part  of  the  people  is  sac¬ 
rificed  for  the  good  of  the  whole,  the  property  of  the  whole  should  be  holden  to  make  in¬ 
demnity  for  such  sacrifice  ;  and  that  the  American  Government,  having  for  national  pur¬ 
poses  discharged  the  Government  of  France  from  the  performance  of  its  just  obligations 
towards  our  citizens,  is  bound  to  fulfil  them  in  its  place. 

Resolved,  That  we  regard  the  bill  now  pending  before  Congress  upon  the  subject  of 
“  French  spoliations,”  as  making  a  just  provision  and  a  reasonable  appropriation  for  the 
payment  of  such  claims  as  are  therein  specified;  and  that  the  honor  and  faith  of  the  Gov¬ 
ernment,  as  well  as  the  interest  of  an  unfortunate  portion  of  our  citizens,  require  that 
the  same  should  be  passed  without  delay ;  and  that  our  Senators  in  Congress,  and  our 
Representatives,  be  requested  to  use  their  exertions  to  hasten  the  passage  of  said  bill 
into  a  law. 

Resolved,  That  his  excellency  the  Governor  be  requested  to  transmit  a  copy  of  these  re¬ 
solves,  and  the  accompanying  report,  to  the  Executive  of  the  United  States,  and  also  to 
each  of  our  Senators  and  Representatives  in  Congress,  with  a  request  that  they  use  all 
honorable  means  to  effect  a  settlement  of  these  claims. 

House  of  Representatives,  February  17,  1841. 

Passed: 


In  Senate,  February  18,  1841. 
Passed  : 

February  19,  1841.  Aproved  : 


GEORGE  ASHMUN,  Speaker. 

DANIEL  P.  KING,  President. 

JOHN  DAVIS. 


A  true  copy,  attest : 

John  P.  Bigelow, 

Secretary  of  the  Commonwealth. 


COMMONWEALTH  OF  MASSACHUSETTS. 

Senate,  January  25,  1841. 

The  special  joint  committee,  to  which  was  referred  the  petition  of  William  Bartlett  and 


5 


[218] 


others,  praying  the  legislature  to  pass  resolves,  instructing  our  Senators  and  requesting 
our  Representatives  in  Congress  to  vote  for  a  bill  now  pending  before  that  body,  “to 
provide  for  the  satisfaction  of  claims  due  to  certain  American  citizens  for  spoliations 
committed  on  their  commerce  prior  to  the  31st  day  of  July,  1801,”  have  considered  that 
subject,  and  submit  the  following  report. 

By  order  of  the  committee  : 

H.  W.  KINSMAN,  Chairman. 


REPORT. 

The  bill  referred  to  in  the  petition  is  entitled  a  bill  “  to  provide  tor  the  satisfaction  of 
claims  due  to  certain  American  citizens  for  spoliations  committed  on  their  commerce 
prior  to  the  thirty-first  day  of  July,  1801.”  The  first  section  provides  that  satisfaction  to 
an  amount  not  exceeding  $5,000,000  shall  be  made  to  such  citizens  of  the  United  States, 
or  their  legal  representatives,  as  had  valid  claims  upon  the  French  Government  to  in¬ 
demnity  arising  out  of  the  spoliations  referred  to.  The  second  section  provides  for  the 
appointment  of  three  commissioners,  who  are  to  examine  and  decide  upon  such  claims 
as  shall  be  presented  under  the  act.  The  remaining  sections  contain  such  further  pro¬ 
visions  as  are  necessary  fully  to  carry  into  effect  the  main  object  of  the  bill. 

The  petitioners  represent  themselves  as  entitled,  in  consequence  of  losses  suffered  by 
the  above  named  spoliations,  to  claim  the  benefit  proposed  by  the  bill,  should  the  same 
finally  become  a  law;  and  pray  the  legislature  to  interpose  in  their  behalf,  by  request¬ 
ing  our  Representatives  and  instructing  our  Senators  in  Congress  to  vote  for  it. 

It  has  not  been  thought  necessary  by  the  committee  to  examine  into  the  nature  of  the 
particular  claims  of  the  respective  petitioners,  which  are  represented  to  amount  to  six 
hundred  and  fifty  thousand  dollars ;  because  it  is  well  known  that  many  citizens  of  Mas¬ 
sachusetts,  in  common  with  the  merchants  of  other  States,  suffered  severely  by  the  spo¬ 
liations  for  which  the  proposed  bill  provides  indemnification.  It  has  appeared  to  the 
committee,  that  if  these  claims  as  a  class  were  just,  and  if  the  Government  of  the  United 
States  are  rightfully  bound  to  satisfy  them,  the  prayer  of  the  petitioners  ought  to  be 
granted.  They  have  therefore  examined  the  subject  with  reference  to  these  two  particu¬ 
lars  : 

First.  Were  the  claims  which  the  petitioners  present,  and  for  which  the  bill  before 
Congress  provides  indemnification,  valid  against  the  French  Government? 

Second.  Have  the  United  States,  by  any  arrangement  with  France,  assumed  the  obli¬ 
gations  of  the  French  Government,  and  become  justly  responsible  for  the  payment  of 
these  claims? 

To  answer  the  first  inquiry,  it  may  be  necessary  to  give  a  very  brief  account  of  the 
origin  of  the  claims  in  question.  During  the  wars  in  Europe  which  succeeded  the  French 
revolution,  the  Government  of  France,  as  is  well  known,  resorted  to  many  extraordinary 
measures  to  sustain  itself.  Among  these  measures  were  various  decrees  of  the  National 
Convention  and  the  Directory,  all  having  for  their  object  the  capture  and  destruction  of 
the  property  of  neutrals.  The  decree  of  May  9th,  1793,  authorized  “French  ships  of 
war  and  privateers  to  arrest  and  bring  into  the  ports  of  France  all  neutral  vessels  laden 
with  provisions  destined  to  an  enemy’s  port,  or  with  merchandise  belonging  to  an  enemy.” 

This  was  followed  by  further  decrees  in  1796,  1797,  and  1798  ;  by  the  last  of  which, 
all  vessels  having  on  board  goods,  the  product  of  England  or  her  colonies,  were  declared 
lawful  prize  to  French  ships  of  war  and  privateers. 

By  authority  of  these  several  decrees,  all  the  cruisers,  privateers,  and  ships 
of  war  of  France  and  its  dependencies  in  Europe,  and  in  the  French  West  Indies,  were 
let  loose  upon  the  defenceless  commerce  of  the  United  States ;  and  such  was  their  success 
and  so  great  was  the  misfortune  of  our  citizens,  that  the  number  of  vessels  captured  be¬ 
tween  August,  1796,  and  June,  1797,  alone,  amounted  to  308,  according  to  a  list  pub¬ 
lished  in  Philadelphia.  It  is  understood  that  the  whole  number  of  vessels  captured  and 
condemned  in  this  illegal  manner  was  more  than  600,  which,  witli  their  cargoes,  were 
condemned,  and  wholly  lost  to  their  owners. 

By  a  calculation  made  from  the  result  of  claims,  as  proved  in  other  similar  cases,  the 
average  value  of  a  vessel  and  her  cargo  is  believed  to  be  about  $16,800.  This,  if  cor¬ 
rect,  would  swell  the  whole  amount  of  claims  from  these  spoliations  to  more  than 
$10,000,000,  without  interest. 

It  was  never  pretended  by  the  French  Government  that  these  captures  were  made 


[218] 


6 


agreeably  to  any  of  the  recognised  laws  of  nations,  and  it  only  justified  them  by  the  ne¬ 
cessity  of  the  case.  In  subsequent  negotiations,  its  agents  and  ministers  never  denied, 
but  always  admitted,  the  justice  of  the  claims  of  American  citizens,  arising  from  such 
captures  and  condemnations.  Indeed,  in  one  of  its  decrees,  (that  ©f  1793,  May  9th,)  in¬ 
demnity  was  promised  to  the  neutral  owners  who  might  suffer  by  its  operation. 

It  is  not  deemed  necessary  to  go  more  fully  into'  this  part  of  the  subject,  because, 
by  reference  to  numerous  public  documents  and  reports  of  committees,  which  have  been 
from  time  to  time  made  in  Congress,  and  also  to  the  negotiatio  ns  of  our  diplomatic  agents 
in  France  during  the  above  named  years,  and  up  to  the  conclusion  of  the  treaty  of  1800, 
which  was  finally  ratified  by  our  Government  December  21st,  1801,  it  will  abundantly 
appear  that  these  claims  are  meritorious,  equitable,  and  just,  as  against  the  Government 
of  France. 

The  next  question  is,  whether  the  United  States,  by  any  arrangement  with  France, 
have  assumed  the  obligations  of  the  French  Government,  with  regard  to  these  claims? 

In  order  to  a  full  understanding  of  this  qustion,  let  us  examine  a  moment  the  cir¬ 
cumstances  out  of  which  the  convention  of  1800  originated. 

By  the  11th  article  of  the  treaty  of  alliance  between  the  United  States  and  France,  of 
1778,  the  United  States  agreed  to  guaranty  to  France  all  its  possessions  in  America. 

By  the  17th  article  of  the  treaty  of  amity,  concluded  the  same  year,  it  was  provided 
that  ships  of  war  of  either  party,  and  privateers,  might  freely  carry  ships  and  goods, 
taken  from  their  enemies,  whithersoever  they  pleased,  without  paying  any  duty  ;  that 
no  such  prizes  should  be  arrested  or  seized  when  they  entered  the  ports  of  either  party ; 
and  that  the  officers  of  such  ports  should  not  search  the  same,  nor  make  any  inquiry 
into  the  lawfulness  of  such  prizes . 

In  the  progress  of  the  wars  of  Europe,  these  articles  were  found  by  the  Govornment 
of  the  United  States,  if  literally  fulfilled,  to  expose  us  to  imminent  danger  of  being 
drawn  iu  as  an  ally  of  France ;  whereas,  the  true  policy  of  the  United  States  was  to  re¬ 
main  neutral.  Accordingly,  a  proclamation  of  neutrality  was  issued  by  the  American 
Government  on  the  22d  of  April,  1793.  This  proclamation,  together  with  an  order  issued 
to  prohibit  the  fitting  out  of  French  privateers  in  our  ports,  were  considered  by  France 
as  violations  of  the  above  treaties. 

These  were  the  causes  of  complaint  on  the  part  of  the  French  Government :  while,  on 
our  side,  the  numerous  aggressions  which  had  been  committed  on  our  commerce,  by 
authority  of  the  above  mentioned  decrees,  were  a  subject  of  constant  and  earnest  remon¬ 
strance. 

Such  was  the  state  of  things  when  the  ministers  of  both  Governments  met  to  negotiate 
the  convention  of  1800.  The  long  correspondence  upon  this  subject  it  is  not  necessary 
to  detail ;  it  is  sufficient  to  say,  that  when  this  convention  was  agreed  upon  by  the  re¬ 
spective  ministers,  it  contained  the  following  article,  viz: 

“Art.  II.  The  ministers  plenipotentiary  of  the  two  parties  not  being  able  to  agree,  at 
present,  respecting  the  treaty  of  alliance  of  the  6th  of  February,  1778,  the  treaty  of 
amity  and  commerce  of  the  same  date,  and  the  convention  of  the  14th  November,  1788, 
nor  upon  the  indemnities  mutually  due  or  claimed,  the  parties  will  negotiate  further  upon 
these  subjects  at  a  convenieut  time ;  and  until  they  may  have  agreed  upon  these  poiuts, 
the  said  treaties  and  convention  shall  have  no  operation,  and  the  relations  of  the  two 
countries  shall  be  regulated  as  follows.” 

In  due  course  of  time  this  convention  was  presented  to  the  Senate  of  the  United  States 
for  ratification.  That  body,  however,  disapproved  of  the  above  article,  and  qualified 
their  ratification  by  a  proviso,  that  said  article  should  be  expunged,  and  the  following 
inserted,  viz  :  “It  is  agreed  that  the  present  convention  shall  be  in  force  for  the  term 
of  eight  years,  from  the  time  of  the  exchange  of  the  ratifications.”  When  the  treaty, 
with  this  proviso,  was  presented  to  Bonaparte,  theu  first  consul,  he  altered  it  still  further, 
by  introducing  the  clause  which  follows  :  “  The  Government  of  the  United  States  having 
added  to  its  ratification  that  the  convention  should  be  in  force  eight  years,  and  having 
omitted  the  second  article,  the  Government  of  the  Frencn  Republic  consents  to  accept, 
ratify,  and  conform  the  above  convention,  with  the  addition,  importing  that  the  conven¬ 
tion  shall  be  iu  force  for  the  space  of  eight  years,  and  with  the  retrenchment  of  the 
second  article :  Provided  that,  by  this  retrenchment,  the  two  States  renounce  the  respective 
pretentions  which  are  the  object  of  the  said  article .” 

On  the  I9th  December,  1801,  the  treaty  with  the  above  clause  was  again  submitted  to 
the  Senate,  when  that  body  resolved  that  they  considered  the  same  as  fully  ratified. 


7 


[  366  ] 


The  committee  believe  that  they  cannot  better  express  the  effect  of  this  clanse,  thus 
added  by  the  first  consul,  and  agreed  to  by  our  Government,  than  by  using  the  language 
of  the  report  of  the  Secretary  of  State  on  this  subject,  on  the  20th  May,  1826  ;  “  The 
two  contracting  parties  thus  agreed  by  the  retrenchment  of  the  second  article  mutually 
to  renounce  the  respective  pretensions  which  were  the  object  of  the  article.  The  preten¬ 
sions  of  the  United  States,  to  which  allusion  is  thus  made,  arose  out  ef  the  spoliations 
under  color  of  French  authority,  in  contravention  of  law  and  existing  treaties.  Those 
of  France  sprung  from  the  treaty  of  alliance,  and  the  treaty  of  amity  and  commerce,  and 
the  convention  of  1788.  Whatever  obligations  or  indemnities,  from  these  sources,  either 
party  had  a  right  to  demand,  were  respectively  waived  and  abandoned ;  and  the  consid¬ 
eration  which  induced  one  party  to  renounce  his  pretensions,  was  that  of  renunciation 
by  the  «ther  party  of  his  pretensions.” 

As  a  confirmation  of  the  position  that  the  two  Governments  regarded  the  question  as 
settled,  and  that  the  United  States  were  bound  to  make  such  indemnification  as  should 
be  found  just  for  these  claims,  nothing  was  said  about  them,  and  no  provision  made  for 
their  satisfaction  in  the  convention  with  France  of  1831,  by  which  all  claims  subsequent 
to  July  31,  1801,  were  provided  for. 

These  claims,  then,  were  relinquished  by  our  Government,  in  consideration  of  tho  dis¬ 
charge,  by  the  French  Government,  of  claims  which  they,  on  their  part,  professed  to  have 
against  the  United  States  ;  and  which  seem  to  have  been  considered  by  both  parties  at 
the  time  as  a  fair  equivalent. 

But  are  the  innocent  citizens  of  the  United  States  to  lose  their  property,  because  its 
Government  chose  for  great  national  objects  to  relinquish  their  claims  ?  The  Government 
of  the  United  States  had  unquestionably  a  right,  if  it  were  considered  for  the  interest  of 
the  country,  to  make  such  relinquishment ;  but  reason,  equity,  and  justice  require,  that 
if  the  interests  of  a  part  of  the  citizens  were  sacrificed  for  the  good  of  the  whole,  the 
whole  people  should  compensate  them  for  their  losses.  This  view  is  also  supported  by 
the  Constitution,  which  provides  as  follows:  “Nor  shall  private  property  be  taken  for 
public  use,  without  just  compensation.” 

Since  then,  the  result  of  a  careful  examination  shows  that  these  claims  are  equitable 
and  just,  and  that  the  Government  of  the  United  States  are  under  obligation  to  provide 
for  them ;  and  since  the  sum  appropriated  for  that  purpose,  by  the  bill  now  pending  be¬ 
fore  Congress,  is  not  unreasonably  large,  the  committee  are  of  opinion  that  the  same 
ought  to  pass  without  further  delay.  The  committee  are  more  especially,  induced  to  urge 
a  speedy  settlement  of  these  claims,  because,  while  all  or  most  of  the  claims  of  our  citizens 
against  foreign  Governments  have  been  long  since  adjusted,  the  very  meritorious  claims 
now  in  question  against  our  own  Government  have  remained  for  nearly  half  a  century, 
unsatisfied.  It  is  true  that  these  claims  are  those  of  private  citizens  ;  but  their  vast 
amount,  and  the  interest  which,  in  common  with  the  other  States,  Massachusetts  has, 
in  the  preservation  of  national  faith  and  honor,  by  the  discharge  of  the  just  obligations 
of  the  General  Government,  seem  to  make  it  proper  that  the  Legislature  should  express 
its  opinion  on  this  subject  in  the  form  usually  adopted  in  such  cases  ;  the  committee, 
therefore,  respectfully  report  the  accompanying  resolves. 


26th  Congress,  [SENATE.]  r  366  "1 

1st  Session.  L  J 

(No.  5.) 

RESOLUTION  OP  THE  LEGISLATURE  OF  MAINE, 

On  the  subject  of  making  provision  for  French  Spolintions  prior  to  1800. 

April  9,  1840. — Laid  on  the  table,  and  ordered  to  be  printed. 


Resolved ,  That  the  Government  of  the  United  States  is  bound,  upon  every  principle  of 
equity,  to  make  provision  for  an  indemnity  to  those  who  suffered  by  French  spoliations 


[414] 


8 


upon  American  commerce  prior  to  September,  1800;  that,  having  compromised  all  claims 
upon  the  French  Government  for  such  spoliations,  and  received  an  ample  indemnity 
therefor,  a  longer  delay  on  the  part  of  the  General  Government  in  making  provision  for 
those  individuals  whose  property  has  been  appropriated  for  the  common  benefit  would  be 
neither  expedient  nor  just. 

Resolved ,  That  a  copy  of  these  resolves  be  forwarded  to  each  of  our  Senators  and  Rep¬ 
resentatives  in  Congress,  with  a  request  to  lay  them  before  the  bodies  of  which  they  are 
members,  and  to  use  all  their  influence  to  procure  the  passage  of  a  law  making  due  pro¬ 
vision  upon  the  subject  matter  of  these  resolves. 

In  the  House  of  Representatives,  March  18,  1840. 

Read  and  passed : 

H.  HAMLIN,  Speaker. 

In  Senate,  March  18,  1840. 

Read  and  passed : 

STEPHEN  C.  FOSTER,  President . 

March  18,  1840.  Approved : 

JOHN  FAIRFIELD. 


Executive  Department,  Augusta ,  March  30,  1840. 
Sir  :  I  have  the  honor  to  transmit  certain  resolves  adopted  by  the  Legislature  of  this 
State  in  relation  to  French  spoliations  prior  to  September,  1800,  with  a  request  that  you 
would  use  your  influence  in  the  way  therein  suggested. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

JOHN  FAIRFIELD, 

Governor  of  Maine. 

Hon.  John  Ruggles. 


I 


25th  Congress,  TDoc.  No.  414.1  [Ho.  of  Reps.1 

‘Id  Session.  L  J  - 


(No.  6.) 

FRENCH  SPOLIATIONS  PRIOR  TO  1800. 

- o - 

RESOLUTIONS  OF  THE  LEGISLATURE  OF  THE  STATE  OF 

CONNECTICUT, 

For  Indemnity  for  Losses  sustained  by  French  Spoliation  prior  to  1800. 


June  4,  1838. — Read,  and  laid  upon  the  table. 


At  a  General  Assembly  of  the  State  of  Connecticut,  holden  at  New  Haven,  in  said 
State,  on  the  first  Wednesday  of  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  thirty-eight — 

Resolved,  That  the  members  of  the  Senate  of  the  United  States,  and  the  Representa¬ 
tives  in  Congress,  from  this  State,  be  requested  to  use  their  influence  to  procure  the  pas¬ 
sage  of  a  law  to  indemnify  the  citizens  of  the  United  States  for  losses  sustained  by  thorn 
from  the  French  prior  to  September  30,  1800. 

And  be  it  further  resolved,  That  his  excellency  the  Governor  of  this  State  be,  and  he  is 
hereby,  requested  to  transmit  to  our  Senators  and  Representatives  in  Congress  a  copy  of 
these  resolutions. 

The  above  and  foregoing  is  a  true  copy  of  record  in  this  office. 

ROUAL  R.  HINMAN,  Secretary. 

Oefice  of  the  Secretary  of  State, 

New  Haven  May  25,  1838. 


I 


9 


27th  Congress,  [SENATE.]  £  39  ] 

2c?  Seszion. 

(No.  T.) 

EESOLUTIONS  OF  THE  GENERAL  ASSEMBLY  OF  DELA¬ 
WARE, 

In  favor  of  the  passage  of  a  law  to  make  compensation  for  French  Spoliations  committed 

prior  to  1800. 

January  10,  1842. — Laid  on  the  table,  and  ordered  to  be  printed. 


IN  THE  LEGISLATURE  OF  THE  STATE  OF  DELAWARE, 

January  session ,  1841. 

Whereas,  prior  to  the  month  of  September,  1800,  numerous  captures  of  Amerian  ves¬ 
sels,  with  their  cargoes,  were  made  by  French  vessels  of  war,  whereby  the  French  Gov¬ 
ernment  became  liable  to  a  claim  of  indemnity  for  such  captures  on  the  part  of  American 
citizens,  who  had  been  thus  despoiled  of  their  property : 

And  whereas,  the  Government  of  the  United  States,  in  the  month  of  September,  1800, 
concluded  a  treaty  with  the  French  Republic,  in  which  they  released  the  said  Republic 
from  all  claims  on  the  part  of  the  citizens  of  the  United  States,  on  account  of  the  above 
stipulations,  in  consideration  of  a  release  on  the  part  of  the  said  Republic,  of  a  claim  of 
indemnity  against  the  said  United  States  for  the  non-performance  of  certain  stipulations 
contained  in  the  treaty  between  France  and  the  United  States,  concluded  in  the  year 
1778:  therefore, 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  State  of  Delaware  in  General 
Assembly  met ,  That  the  Government  of  the  United  States,  by  releasing  France  from  its 
obligations  to  indemnify  our  citizens  for  the  property  plundered  by  its  cruisers,  in  consid¬ 
eration  of  the  release  granted  by  France  from  the  guarantees  contained  in  the  treaty  of 
1778,  must  be  regarded  as  having  assumed  the  debt,  and  as  having  voluntarily  placed 
itself  under  a  solemn  obligation  to  satisfy  all  the  claims  thus  released  for  a  valuable 
consideration. 

Resolved That  the  Senators  and  Representative  of  this  State  in  Congress  be,  and  they 
are  hereby,  requested  to  use  all  fair  means  to  procure  the  passage  of  a  law  to  compensate 
our  citizens  for  spoliations  committed  by  France  prior  to  1809. 

Adopted  at  Dover,  February  18,  1841. 

Attest :  JOSEPH  P.  COMEGYS, 

Clerk  of  the  House  of  Representatives . 

GEO.  P.  FISHER, 

Clerk  of  the  Senate. 


27th  Congress,  [Rep.  No.  16,  page  32.]  Ho.  of  Reps. 

2  d  Session. 


(No.  8.) 

INSTRUCTIONS. 

STATE  OF  RHODE  ISLAND  AND  PROVIDENCE  PLANTATIONS. 

In  General  Assembly ,  January  session ,  A.  D.  1832. 

Resolved ,  That  our  Senators  in  Congress  be  instructed  to  use  their  exertions  to  secure 
for  our  citizens  all  the  compensation  for  French  spoliations  which,  by  treaty  with  France 
or  otherwise,  may  be  constitutionally  provided  and  secured. 

True  copy.  Witness : 


HENRY  BOWEN,  Secretary. 


10 


(No.  9.) 

MARYLAND  RESOLUTIONS. 

Whereas  the  United  States  of  America,  by  her  convention  with  France,  concluded  on 
the  30th  day  of  September,  in  the  year  1800,  pursuing  a  course  of  wise  and  urgent  pol¬ 
icy,  which  had  the  effect  of  maintaining  the  peace  and  eminently  promoting  the  pros¬ 
perity  of  our  country,  stipulated  for  a  discharge  from  the  onerous  article  in  the  treaty 
with  France  of  the  year  1778,  by  which  the  United  States  became  bound  to  guaranty  to 
the  crown  of  France  her  possessions  in  America ;  and  also  by  that  convention  was  re¬ 
leased  from  all  claims  on  the  part  of  France  or  her  subjects  against  the  United  States  ; 
but  whereas  the  United  States  accomplished  her  exoneration  from  these  momentous  lia¬ 
bilities  by  surrending  all  pretentions  for  indemnification  claimable  for  American  citizens 
on  account  of  illegal  captures,  seizures,  and  confiscations”  by  France  before  the  30th  of 
September,  1800,  by  which  renunciation  those  sufferers  were  not  only  forever  debarred  the 
mediation  of  their  own  Government,  but  lost  all  claim  in  every  form  against  France  for  the 
wrongs  inflicted  upon  them  by  that  Government;  and  whereas,  although  it  was  the  privilege 
of  the  United  States  thus  to  avail  herself  of  the  means  which  the  grievances  of  her  citizens 
afforded,  to  relieve  the  Union  from  a  corresponding  liability  for  indemnification,  but, 
above  all,  from  the  treaty  obligation  referred  to,  which,  if  continued,  would  have  entan¬ 
gled  this  country  in  all  the  wars  to  which  France  was  a  party,  yet  it  became  the  conse¬ 
quent  duty  of  the  United  States  to  assume  the  satisfaction  of  those  claims  of  her  citizens 
which  she  used  as  the  rich  consideration  to  France  for  an  inestimable  benefit  conferred 
upon  this  country  ;  and  whereas  any  other  view  would  be  repugnant  to  the  sacred  duty 
of  protection  which  bound  the  United  States,  and  under  which  she  undertook  to  vindicate 
those  demands  of  her  citizens  and  to  enforce  their  redress,  and  would  imply  a  right  in 
the  Government  of  the  Union  to  avail  itself  of  the  misfortunes  of  a  portion  of  her  citizens 
to  accomplish  a  national  good,  at  the  sacrifice  of  individual  interests  entitled  to  her  care, 
and  confided  to  her  as  their  necessary  and  only  guardian  ;  and  whereas  citizens  of  Mary¬ 
land,  sufferers  to  a  large  extent,  have  asked  this  indemnification  from  the  Congress  of 
the  United  States  as  a  debt  thus  devolved  upon  the  United  States,  and  from  various  quar¬ 
ters  of  the  Union  the  same  appeals  are  made  to  Congress  for  this  manifest  and  long- 
deferred  justice:  Therefore, 

Be  it  resolved  by  the  General  Assembly  of  Maryland,  That  the  Senators  and  Represen¬ 
tatives  from  this  State  in  Congress  be,  and  they  are  hereby,  requested  to  promote  the 
granting  of  prompt  and  full  indemnification  to  the  claimants  aforesaid. 

And  be  it  further  resolved,  That  the  Governor  be,  and  he  is  hereby,  requested  to  trans¬ 
mit  to  our  Senators  and  Representatives  in  Congress  a  copy  of  these  resolutions. 

True  copy  from  the  original  resolutions,  which  were  assented  to  at  December  session, 
1835.  JOSEPH  H.  NICHOLSON, 

Clerk  of  the  Senate. 
GEORGE  G.  BREWER, 

Clerk  House  of  Delegates. 


27ih  Congress,  [Rep.  No.  16,  page  41.]  House  of  RErs. 

2 d  Session. 


(No.  10.) 

RESOLUTIONS  OF  ALABAMA. 


STATE  OF  ALABAMA.— JOINT  MEMORIAL. 

Whereas,  it  appears  by  a  report  of  the  Committee  on  foreign  affairs  of  the  Congress 
of  the  United  States,  made  on  the  4th  day  of  April,  1840,  that  John  Marrast,  jr.,  for 
John  Marrast  and  A.  J.  Cotton,  administrator  of  John  Smith,  deceased,  citizens  of  the 


11 


State  of  Alabama,  have  petitioned  the  Congress  of  the  United  States,  on  account  of 
French  spoliations  committed  prior  to  1800: 

Be  it  therefore  resolved  by  the  Senate  and  House  of  Representatives  of  the  State  of  Alabama 
in  General  Assemblg  convened,  That  our  Senators  and  Representatives  in  the  Congress  of 
'  the  United  [States,]  be  requested  to  use  their  exertions  to  secure  for  our  citizens  all  the 
compensation  for  French  spoliations  to  which  they  may  be  entitled,  or  which  by  treaty 
with  France,  or  otherwise,  may  be  constitutionally  provided  and  secured. 

Resolved,  further,  That  his  excellancy  the  Governor  of  this  State  be,  and  he  is  hereby, 
requested  to  transmit  to  our  Senators  and  Representatives  in  Congress  a  copy  of  these 
resolutions.  J.  S.  G.  COTTRELL, 

President  Senate. 

R.  A.  BAKER, 

Speaker  of  the  House  of  Reps. 

Approved  Jannary  9,  1841. 


25th  Congress,  [Doc.  No.  238.]  Ho.  op  RErs. 

2 d  Session. 


(No.  11.) 

FRENCH  SPOLIATIONS. 

MEMORIAL 

OF 

CITIZENS  OF  PENNSYLVANIA, 

Upon  the  subject  of  spoliations  on  the  commerce  of  the  United  States  prior  to  the  year  1800. 


March  12,  1838. 

Committed  to  the  Committee  of  the  Whole  House  on  the  state  of  the  Union,  to  which  is 
committed  bill  No.  449,  to  provide  for  the  settlement  of  such  claims. 


To  the  honorable  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in 

Congress  assembled. 

The  memorial  of  the  undersigned,  citizens  of  the  State  of  Pennsylvania, 

% 

Resfectfelly  shewetii  : 

That  representations  have  been  made  to  the  undersigned,  (who  are  at  present  as¬ 
sembled  in  this  city,  for  the  purpose  of  amending  the  constitution  of  Pennsylvania,)  that 
a  bill  is  now  pending  before  Congress,  in  which  a  large  number  of  the  citizens  of  this 
Commonwealth  have  a  deep  interest. 

Your  memorialists  allude  to  a  bill  to  indemnify  certain  citizens  of  the  United  States 
for  claims  upon  France  for  spoliations  upon  their  commerce  prior  to  the  year  1800, 
which  the  Government  of  the  United  States  released  France  from  paying  in  consequence 
of  a  most  valuable  consideration  which  the  United  States  obtained  from  France  for  that 
discharge. 

By  our  treaty  with  France,  negociated  by  Doctor  Franklin  in  the  year  1778,  the  United 
States  bound  themselves  to  that  nation  to  guaranty  to  Franco  forever  all  her  colonics  in 
the  West  Indies.  If  we  did  not  continue  to  fulfil  that  obligation,  wc  should  have  been 
guilty  of  a  violation  of  national  faith;  and  if  we  did  fulfil  it,  we  were  liable  to  be  in¬ 
volved  in  every  wTar  in  which  France  might  engage. 

Therefore,  in  order  to  get  honorably  rid  of  this  embarrassing  obligation,  our  Govern- 


12 


[  238  ] 


ment  agreed,  by  the  treaty  of  1800,  to  relinquish  all  the  claims  of  our  fellow-citizens 
upon  France  for  spoliation  upon  our  commerce  up  to  that  period;  and  France,  on  her 
part,  in  consideration  of  this  discharge,  released  the  United  States  from  all  obligation 
imposed  by  the  treaty  of  1778,  to  guaranty  to  her  the  possession  of  her  West  India  colo¬ 
nies.  The  claim,  therefore,  of  the  citizens  of  the  United  States  upon  their  own  Govern¬ 
ment  for  their  property,  thus  given  in  barter  to  obtain  a  great  national  object,  appears 
well  established.  And  your  memorialists  are  informed  that  twelve  committees  of  Con¬ 
gress  have  at  various  sessions  reported  in  favor  of  these  claims  ;  and  that  the  Senate  of 
the  United  States  actually  passed  a  bill,  a  few  years  since,  to  pay  them. 

Your  memorialists  would  observe,  that  the  Constitution  of  the  United  States  declares 
that  private  property  shall  not  be  taken  for  public  use  without  just  compensation ;  and 
as  in  this  case  the  property  of  a  small  portion  of  the  people  of  the  United  States  was 
taken  to  purchase  a  great  national  benefit,  your  memorialsts  are  of  opinion  that  the 
claimants,  who  thus  suffered  by  the  surrender  of  their  rights,  are  entitled  to  relief 
upon  every  consideration  of  law  and  justice. 

Philadelphia,  February  7,  1838. 


Wm.  Hiester 
W.  P.  Mar  ley 
John  A.  Gamble 

C.  J.  Ingersoll 
J.  F.  Cox 
James  Ladd 
Morgan  J.  Thomas 
H.  G.  Long 
Henry  Sheetz 
Jamss  C.  Biddle 
John  J.  McCahan 
Thomas  H.  Sill 
J.  M.  Porter 
A.  H.  Read 
Thomas  Hastings 
Dan’l  Seager 
Ch.  Chauncey 
Sam!  A.  Purviance 
Jacob  Stickel 
Jeremiah  Brown 
Thomas  Weaver 
Wm.  Henderson 


Geo.  Serrill 
Virgil  Grenell 
James  Merrill 
Mark  Darrah 
A.  J.  Cline  * 

John  Chandler 
James  McSherry 
John  Foulkrod 
Jos.  R  Chandler 
Geo.  W.  Woodward 
Samuel  Shock 
R.  G.  White 
Thos.  S.  Bell 

D.  M.  Farrely 
John  Clarke 
James  Pollock 
Aaron  Kerr 

E.  T.  McDowell 
E.  C.  Reigart 
Walter  Forward 
Harmer  Denny 
Wm.  Overfield 


Pierce  Butler 
M.  W.  Baldwin 
John  M.  Scott 
Chas.  Brown 
Abm.  Helfenstein 
J.  M.  Russell 
Sam’l  C.  Bonham 
M.  Henderson 
Jos.  B.  Stingere 
Phs.  Jenks 
J.  Hyde 

Robt.  Flemming 
Wm.  Clark 
Daniel  Agnew 
William  L.  Harris 
Jos.  Fry;jr. 

Jos.  Koingmacher 
Joseph  M.  Doran 
Thomas  Earle 
R.  E.  Cochran 
E.  T.  McDowell 


Thos.  P.  Cope 
Walter  Craig 
R.  Young 
George  M.  Keim 
Lindley  Coates 
J.  Barndollar 
J.  Mongomery 
W.  M.  Meredith 
Richard  McCrain 
N.  Clapp 
E.  W.  Sturdivant 
M.  Henderson 
John  Dickey 
David  Lyons 
W.  Kevin 
Wm.  Hays 
Jos.  Hopkinson 
William  Brown 
Wm.  Ayres 
James  Porter 
Benj.  Martin. 


And,  in  addition  to  the  aforegoing,  the  following  of  subsequent  date,  viz : 

Resolution  of  Massachusetts  Legislature  (2d)  House  journal,  1st  Ses.  32d  Cong.  p.  172. 

Resolution  of  Maine  Legislature,  (2d)  Senate  journal,  1st  Ses.  33d  Cong.  p.  718. 

Resolution  of  Chamber  of  Commerce  of  Philadelphia,  House  Journal,  2d  Session.  25th 
Congress,  No.  237. 

Resolution  of  Board  of  trade  of  Baltimore,  House  Doc.  2d  Session,  25th  Cong  No.  235, 

Resolution  Convention  of  Delegates  at  New  York,  House  Doc.  2d  Session.  25th  Con¬ 
gress,  No.  239. 

Resolution  Chamber  of  Commerce  of  New  York,  Senate  Journal,  1st  Session  31st  Con¬ 
gress,  p.  211. 

Resolution  of  Merchants  and  Underwriters  of  Charleston,  So.  Ca.  Journal  1st  Session, 
31st  Congress  p.  83. 


